Preston v. Dubuque & Pacific Railroad
Supreme Court of Iowa
Appeal from Dubuque District Court. The jury in the District Court allowed plaintiffs $500 for the “Right of Way” asked hy the. Railroad Company over their lands.
Read the full summary
Appeal from Dubuque District Court. The jury in the District Court allowed plaintiffs $500 for the “Right of Way” asked hy the. Railroad Company over their lands. The court instructed: “ If the strip appropriated by the railroad company is timber land, the jury will consider the fact in estimating the damages, and that the railroad take with the appropriation of the land the right to destroy or appropriate the entire timber on the strip, if the company should deem it necessary or convenient so to do,” to which defendants at the time excepted. A motion for a new trial was made upon the ground…
1Opinion of the CourtWright, J.
The error in this instruction lies in this: that it gives railroad companies a right or privilege not conferred by the ‘ Right of Way Act,” (Oh. 31, Laws of 1853,) and as a consequence, increases their liability beyond the proper legal measure. In other words, it makes them pay for that which they have no right to take.
When a railroad company, under the laws of this State, acquires the “Right of Way,” whether by purchase, or the assessment of damages by a jury, there follows with it the right to take, remove, and use for the construction and repair of the road and its appurtenances, any…
2Cases cited3 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Deaton v. County of PolkSupreme Court of Iowa · 1859
- McGregor v. ArmillSupreme Court of Iowa · 1855
3Cited by14 opinions
- Olney v. HuttSupreme Court of Iowa · 1960
- Eggleston v. West Virginia Department of HighwaysWest Virginia Supreme Court · 1993
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Rock Island & Peoria Railway Co. v. Leisy Brewing Co.Illinois Supreme Court · 1898
- Winklemans v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1883
9 more not listed; retrieve them via the Exa API.